The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 3 1918

The greatest problems of all modern times have been the distrbution of the broken parts of the Roman Empire the Holy Roman Empire the Turkish Empire the Spanish Empire When all these fragments still davger spots in the international field have been reorganized along the lines of nationalism the initial steps will have been token toward a stable internaltionalism. [...] But it has been said that " the whole jurisdiction of Courts of Equity in the adMinitration of assets is founded on the principle that it is the duty of the Court to enforce the exe. [...] the cases of numerous Plaintiffs or Derendants ' and the sine qua nofor the operation of the rule is that the numerous parties whether Plaintiffs or Defendants must have the same interest see Market (C. [...] To sum up the reasons which induced the Chancery Courts to allow representative action for administration by one creditor on behalf of himself and all other creditors were the folloing :—(1) to prevent several suits by several creditors; (2) to prevent the estate of the debtor being torn to pieces by a multiplicity of suits ; (3) to secure a distribution of the assets without preference to any [...] The question is ;which of the above two rules the old and the new; our Indian Courts ought to follow ? It is respeCtfully submitted that the Indian Courts ought to be guided by the old rule which made it obligatory to give an order for administration on the following grounds :- (a) the discretion conferred by the new rule is due to the fact that singe the Land Transfer Act 1897 (60 and 61 V